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bike accident case

Posted 2 days ago  |   Unanswered  |    0  |  Motor Accident

How can I get Apart from my home ?

Posted 3 days ago  |   Unanswered  |    0  |  Family Law Muslim Law

Want a divorce

Posted 1 week ago  |    1 Answer  |    0  | 

DMA Advocates
Advocate

You both can mutually file divorce after 12 months of marriage under section 13 (b) of the Hindu Marriage Act. 

If she doesnot agree you can file for divorce at present also but a good ground is needed to show for divorce. You file for divorce alone and later after service of notice she also ask for divorce then the petition will turn into mutual concern divorce.

After filling for divorce under section 13(b) it will take 6 months time for divorce. whereas in other process it will take a year to two. 

There is no fees for getting divorce. But if the wife seek for maintenance then the court may direct  you to pay maintenance to her till she get married again.

Its a normal Divorce matter you wont be getting any complication.

 

Wrongfull Interest charged by bank

Posted 1 week ago  |    1 Answer  |    0  |  Banking

DMA Advocates
Advocate

You can approch the consumer forum for the interest and the amount you paid due to deficency of service by the Bank and their employees. It is a good case and definently you shall win the case.

 

Regards,

DMA Advocates.

WWhat are the things to consider and what is the procedure to apply for Mutual Divorce?

Posted 1 week ago  |    1 Answer  |    0  |  Divorce & Alimony

DMA Advocates
Advocate

You can seek mutual consent divorce under section 13(b) of the hindu sucession act. With regard to the House you both should mutually sit and decide or together sell the house. After filling of the petition it shall take 6 months time to get divorce in the mean time you can settle the said issue.

 

Regards,

DMA Advocates.

Explain Doctrine of Waiver?

Posted 2 weeks ago  |    1 Answer  |    0  |  Constitutional Matters General Legal

Deepika Gill
Advocate

The Fundamental rights (FR) under Part III Art 12 to 35 of the constitution are conferred to every citizen of India by the constitution. These constitutional rights are not absolute. There are reasonable restriction imposed by the constitution. The primary objective of these FR are based on public policy.Therefore no individual can waive off such FR rights.The doctrine of waiver of right is based on the premise that a person is his best judge and that he has the liberty to waive the enjoyment of such right as are conferred on him by the state. However the person must have the knowledge of his rights and that the waiver should be voluntary.

What do you mean by doctrine of eclipse?

Posted 2 weeks ago  |    1 Answer  |    0  |  Constitutional Matters General Legal

Vishal Kumar Thakur
Advocate

Art 13 provides that any law which made before the commencement of constitution must be consistent with the part III of the constitution . if any statue is inconsistence with the provisions of part III of the constitution such statue shall become void. At the same time such statue shall not be treat as Dead unless it is abolish by Parliament. It will be treated as dormant or remains eclipsed to the extent it comes under the shadow of the fundamental rights.

Regarding the doctrine of eclipse few points need to be consider.It is held to be applied only the Pre Constitutional Laws, and not to be postconstitutional laws

How do I find out whether certified copy applied for in my case is ready or not?

Posted 2 weeks ago  |    1 Answer  |    0  |  High Court

Ravindra Purohit
Advocate

Certified copies are prepared and issued by the Copying Section. You should also ascertain whether folio filed by you is defective or not. In case of any problem, the concerned Dy. Registrar/ Joint Registrar may be contacted. In future, such information will also be published on the Website also.
Uncertified copy of the judgments may be printed directly from the Website or obtained from the computerised information centre after paying the necessary charges.

What is the doctrine of Severability?

Posted 2 weeks ago  |    1 Answer  |    0  |  Constitutional Matters General Legal

Soumya
Advocate

Art 13 provides that Act is void which is inconsistent with the Part III of the constitution. Art 13 is having a flexible nature; it does not make the whole Act inoperative. It makes inoperative only such provisions of it as are inconsistent with or violative of fundamental right. Sometimes valid and invalid portion of the Act are so intertwined that they cannot be separated from one another. In such cases, the invalidity of the portion must result in the invalidity of the Act in its entirety, the reason is that the valid part cannot survive independently. In determining whether the valid parts of a statue are severable from the invalid parts. In intention of the Legislature is the determining factor. In other words it should be asked whether the legislature would have enacted at all that which survive without the part found ultra virus.

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